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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 19, 2010, F loaned KRW 20 million to G Co., Ltd. (hereinafter “G”), and F and G on the same day, a notary public drafted a notarial deed of a monetary loan agreement with the purport that “F shall lend KRW 30 million to G” (hereinafter “notarial deed of this case”) as the H deed No. 791 in 2010, and “F shall lend KRW 330 million to G” (hereinafter “notarial deed of this case”) by November 19, 2010.
B. On July 23, 2012, G filed a lawsuit for the registration of ownership transfer against the International Limited Company (hereinafter “Foreign Limited Company”) with the Busan District Court 2012Gahap13180. On July 15, 2013 from the appellate court of the said lawsuit (Seoul High Court 2013Na2542) to the effect that the non-party limited liability company pays KRW 200 million to G by August 31, 2013, the said decision of recommending reconciliation became final and conclusive on August 2, 2013 by failing to raise any objection.
(hereinafter referred to as the “instant claim”) against the non-party limited liability company G based on the above decision of recommending reconciliation.
(1) On August 2, 2013, F applied for the attachment and assignment order on the instant claim as KRW 200,032,710 on the basis of the instant deed by Busan District Court 2013TTTT 20258, and on August 5, 2013, F applied for the attachment and assignment order on the instant claim, and the above court received the attachment and assignment order on the claim from the above court, and the said order was served on the non-party limited company on August 7, 2013.
(2) On August 5, 2013, the J requested the Busan District Court 2013TTB20358 to order the seizure and collection of the instant claim amounting to KRW 670 million, and on August 12, 2013, issued a seizure and collection order from the above court on August 19, 2013. The above decision was served on the non-party limited company on August 19, 2013.
(3) On August 20, 2013, K means the amount claimed under Busan District Court Decision 2013TT 21546, which was 439,035.